Montoro Pons D. and Cuadrado Garcia (2008)

Source Details

Montoro Pons D. and Cuadrado Garcia (2008)
Title:	Legal origin and intellectual property rights: an empirical study in the prerecorded music sector
Author(s):	Montoro Pons, J. D. D., Cuadrado Garcia, M.
Year:	2008
Citation:	de Montoro Pons, J. D., & García, M. C. (2008). Legal origin and intellectual property rights: an empirical study in the prerecorded music sector. European Journal of Law and Economics, 26(2), 153-173.
Link(s):	Definitive
Key Related Studies:	Oberholzer-Gee and Strumpf (2007)
Discipline:	K11: Property Law L82: Entertainment • Media
Linked by:

About the Data
Data Description:	Data of prerecorded music sales from 28 OECD countries (comprising 90% of the global music market) and legal system comparison.
Data Type:	Secondary data
Secondary Data Sources:	OECD Reports
Data Collection Methods:	Quantitative data/text mining Qualitative content/text mining
Data Analysis Methods:	Descriptive statistics (counting; means reporting; cross-tabulation) Correlation and Association Multivariate Statistics Regression Analysis
Industry(ies):	Sound recording and music publishing
Country(ies):	Global
Cross Country Study?:	Yes
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	No
Time Period(s) of Collection:	Not stated
Funder(s):

Abstract

This article aims at identifying differences in copyright protection in prerecorded music markets, and more specifically the impact of the legal system on the demand for original music CDs. To this end, we use a panel of 28 OECD countries in the period 1999–2005. After testing alternative specifications, our results show that differences in legal origin lead to differences in intellectual property rights enforcement. Our results also consistent with previous studies that find that common law countries have more secure property rights.

Main Results of the Study

An increase in the cost of the copies, decrease in broadband penetration, or an increase in IPR enforcement– increases demand for originals. Further, legal origin influences demand for original copies; common law countries experienced a 42% higher demand than civil law countries.

Policy Implications as Stated By Author

Stronger IPR enforcement or increase in copy cost might drive sales of originals, especially in countries with legal origins in civil law.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	28
Level of aggregation:	Country
Period of material under study:	1999-2005